Last week, an appellate court reviewing the dismissal of a legal malpractice suit agreed: “Emails may be considered as documentary evidence if those papers are essentially undeniable.” The plaintiff sued the law firm that allegedly drafted a postnuptial agreement between him and his wife. The plaintiff claimed the agreement imposed greater financial risk to him than the prenuptial agreement. Worse yet, the plaintiff claimed the law firm failed to disclose a significant conflict of interest.

The Court dismissed this case, even before any discovery proceedings had begun because: “communications from defendants to plaintiff clearly disclaiming an attorney-client relationship and advising plaintiff and his wife to consult independent counsel, refute plaintiff's general allegations that Frunzi (a defendant from the law firm) was his attorney in connection with the negotiation and execution of the postnuptial agreement in question.” Seaman v Schultz Roth & Zabel, LLP, 2019 WL 523137